Florida digital signature laws…need help on interpreting the rule
I recently completed a home study continuing education course on Florida’s digital signature law titled “Digital Signatures for Surveyors”. However, I am now more confused that I was before I took it. Any help in unraveling the rules would be appreciated. My apologies for such a long winded post.
At the end of this post I include current Florida Rule 5J-17-.062. At the very end is the now replaced old paragraph (4) which had stuff about SHA-1 etc. For those unaware of the changes, all that stuff has now been taken out.
Paragraph (4) starts with “Alternatively”, and I don’t want to go there.
Paragraph (3) goes into the definition of electronic signatures.
Paragraph (1) is simply requiring the professional to sign, seal and date his or her work.
It’s paragraph (2) where I am having some difficulty deciphering what exactly is being required.
As I read this (paragraph (2)), I don’t find where the rule requires anything specific to be placed on electronically conveyed work (i.e. an emailed final PDF maps)!
Regarding the requirement to place electronic seals the rule says “may” (use).
Then, the rule makes clear (IF) the map has the electronic seal, include a text statement, UNLESS an electronic signature is used.
None of this says an electronic signature is required. And, none of this says an electronic seal is required. The only mention of the electronic signature is when/if using the electronic signature along with the electronic seal, then in that case no text statement is needed.
The only place where I see any requirement for electronic signature is where the user decides to make final hard copies (it also does not say a final hard copy is required to be produced), and in that case the electronic signature is required, but only if you don’t want to use an original signature and seal. So, if you don’t make a hard copy then there is nothing to add the electronic signature to.
Help!
5J-17.062 Procedures for Signing and Sealing Electronically Transmitted Surveys or Other Documents.
(1) Information stored in electronic files representing plans, specifications, plats, reports, or other documents which must be sealed under the provisions of chapter 472, F.S., shall be signed, dated and sealed by the professional surveyor and mapper in responsible charge.
(2) A license holder may use a computer generated representation of his or her seal on electronically conveyed work; however, the final hard copy documents of such surveying or mapping work must contain an original signature and seal of the license holder and date or the documents must be accompanied by an electronic signature as described in this section. A scanned image of an original signature shall not be used in lieu of an original signature and seal or electronic signature. Surveying or mapping work that contains a computer generated seal shall be accompanied by the following text or similar wording: ??The seal appearing on this document was authorized by [Example: Leslie H. Doe, P.S.M. 0112 on (date)]? unless accompanied by an electronic signature as described in this section.
(3) An electronic signature is a digital authentication process attached to or logically associated with an electronic document and shall carry the same weight, authority, and effect as an original signature and seal. The electronic signature, which can be generated by using either public key infrastructure or signature dynamics technology, must be as follows:
(a) Unique to the person using it;
(b) Capable of verification;
(c) Under the sole control of the person using it;
(d) Linked to a document in such manner that the electronic signature is invalidated if any data in the document are changed.
(4) Alternatively, electronic files may be signed and sealed by creating a ??signature? file that contains the surveyor and mapper??s name and PSM number, a brief overall description of the surveying and mapping documents, and a list of the electronic files to be sealed. Each file in the list shall be identified by its file name and secure authentication code computed by a cryptographic hash function. A report shall be created that contains the surveyor and mapper??s name and PSM number, a brief overall description of the surveyor and mapper documents in question and the secure authentication code of the signature file. This report shall be printed and manually signed, dated, and sealed by the professional surveyor and mapper in responsible charge. The signature file is defined as sealed if its secure authentication code matches the secure authentication code on the printed, manually signed, dated and sealed report. Each electronic file listed in a sealed signature file is defined as sealed if the listed secure authentication code matches the file??s computed secure authentication code.
Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History??New 2-1-00, Amended 12-16-07, Formerly 61G17-7.0025, Amended 11-13-17, 7-15-18.
The below paragraph was replaced:
(4) Alternatively, electronic files may be signed and sealed by creating a ??signature? file that contains the surveyor and mapper??s name and PSM number, a brief overall description of the surveying and mapping documents, and a list of the electronic files to be sealed. Each file in the list shall be identified by its file name utilizing relative Uniform Resource Locators (URL) syntax described in the Internet Architecture Board??s Request for Comments (RFC) 1738, December 1994, which is hereby adopted and incorporated by reference by the Board and can be obtained from the Internet Website: ftp://ftp.isi.edu/in notes/rfc1738.txt. Each file shall have an authentication code defined as an SHA-1 message digest described in Federal Information Processing Standard Publication 180-1 ??Secure Hash Standard,? 1995 April 17, which is hereby adopted and incorporated by reference by the Board and can be obtained from the Internet Website: http://www.itl.nist.gov/fipspubs/fip180 1.htm. A report shall be created that contains the surveyor and mapper??s name and PSM number, a brief overall description of the surveyor and mapper documents in question and the authentication code of the signature file. This report shall be printed and manually signed, dated, and sealed by the professional surveyor and mapper in responsible charge. The signature file is defined as sealed if its authentication code matches the authentication code on the printed, manually signed, dated and sealed report. Each electronic file listed in a sealed signature file is defined as sealed if the listed authentication code matches the file??s computed authentication code.
Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History??New 2-1-00, Amended 12-16-07, Formerly 61G17-7.0025.
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